In Florida, there is a difference between assault and battery – they are two separate and distinct crimes and you can be charged with either or both. An assault is where you threaten to do violence to someone and that threat puts that person in fear. … You do not have to actually hurt someone to be convicted of battery.

The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present.

Is it pushing someone assault or battery?

It involves minor injury or a limited threat of violence. In states where assault is a physical attack, pushing someone or slapping someone in an argument are instances of simple assault.

1) Simple Assault occurs when an individual applies intentional force to another person without the other person’s consent
Attempting or threatening, by an act or gesture to apply force
Approaching or blocking the way of another person while openly wearing or carrying a weapon or an imitation of a weapon.

2)  When committing an assault, if the individual carries, uses, or threatens to use a weapon, or causes bodily harm the individual is guilty of assault causing bodily harm.

3) Aggravated assault is committed when a person wounds, maims, disfigures, or endangers the life of the victim.  Here there is intent to commit bodily harm.

SEXUAL ASSAULT

There are three levels of sexual assault.

1) Simple Sexual Assault involves forcing an individual to take part in any form of sexual activity without explicit consent.

2) Sexual Assault with a Weapon includes the use or threat of the use of a weapon or injury to a third party.

3) Aggravated Sexual Assault has occurred when the victim is seriously wounded, maimed, brutally beaten, or in danger of dying as a result of a sexual assault.

If the victim does not consent it is sexual assault; therefore, no intent has to be proven.
Notice there is no intent needed if the victim does not consent it is sexual assault.
Self-induced intoxication is not an excuse nor a defense.
Being married is not an excuse either.
The victim’s sexual history is irrelevant.
Children under the age of 14 cannot consent

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.